Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010023272019
IN THE BOMBAY CITY CIVIL COURT
AT BOMBAY
CHAMBER SUMMONS NO. 465 OF 2019
IN
SUMMARY SUIT NO. 349 OF 2018
Mrs. Jyostna Nikhil Shah ]...Plaintiff
V/s.
1. Aagam Infrabuild Pvt. Ltd. & Ors. ]...Defendants
Appearance :
Ld Adv. S.W.Kulkarni for the plaintiff.
Ld. Adv. Kayal P. Shah for the defendants.
CORAM : HHJ SHRI K. P. SHRIKHANDE
C. R. NO. : 61
DATE : 04/10/2023.
O R D E R
( Dictated and pronounced in open Court)
This chamber summons is filed by defendants No.1 to 4 for condonation
of delay in filing the Vakalatnama.
2. It is submitted by the counsel for the defendants that there
is delay of 89 days in filing the Vakalatnama and it is not intentional
delay. He submits that the defendants were not aware that the
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SU No. 349/2018
Vakalatnama was to be filed only within 10 days after receiving the
writ of summons and when the defendants approached to the
advocate there was already delay. He further submits that defendants
are from Ahmedabad and therefore, delay is caused in coordinating
with the advocate. Hence, the present chamber summons.
3. The plaintiff has filed the reply and resisted the chamber
summons on the ground that there is no proper explanation of the
delay and prayed for rejection of the chamber summons.
4. Ld counsel for the plaintiff is absent. Therefore, by taking
into consideration the submissions of the Ld counsel for the
defendants and going through the chamber summons and reply of it
filed by the plaintiff, I proceed to decide the chamber summons.
5. It is appearing that there is delay of 89 days to file the
Vakalatnma. It is not appearing that the delay is intentional or
deliberate. By causing the delay, the defendants have not gained any
advantage or likely to get it over the plaintiff. The delay of 89 days
cannot be considered as inordinate. For the latches on the part of the
defendants, the period of disposal has been elongated and therefore,
some reasonable costs needs to be imposed while condoning the
delay. In the result, I proceed to pass following order.
ORDER
1. Chamber Summons No.465/2019 is allowed subject to costs of
Rs.2000/ (Rupees Two Thousand only).
2. The defendants shall either pay costs to the plaintiff or to
deposit in the Court on or before 16102023.
3. After compliance of this order, Vakalatnama shall be taken on
record.
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SU No. 349/2018
4. Chamber Summons No.465/2019 is disposed off accordingly.
( K. P. Shrikhande )
Judge, City Civil Court, Gr. Mumbai.
Date 04102023 Court Room No.61
Dictated on : 04102023
transcribed on:05102023
Corrected & signed on : 05102023
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4 CHS No.465/2019 in Sum
SU No. 349/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05102023 at 5.00p.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri K. P. Shrikhande
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
04102023
JUDGMENT/ORDER signed by P. O. on 05102023
JUDGMENT/ORDER uploaded on 05102023
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